STROH & SONS v. BATAVIA HOMES


17 A.D.2d 385 (1962)

L. C. Stroh & Sons, Inc., Appellant, v. Batavia Homes & Development Corp., Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 6, 1962.


Attorney(s) appearing for the Case

Stakel, Suttell & Found for appellant.

Darch, Noonan & Hughes for respondent.

BASTOW, GOLDMAN, McCLUSKY and HENRY, JJ., concur.


WILLIAMS, P. J.

The problem is whether a reference to an unrecorded contract contained in a prior conveyance in the chain of title to the premises in question renders the title unmarketable.

There is a contract in existence whereby the plaintiff is to sell and the defendant is to purchase the premises if plaintiff can "furnish * * * a good and marketable title, free and clear from liens and encumbrances...

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